San Jose Trial Could Set Precedent For Police Use Of Force
SAN JOSE (KCBS) - A San Jose couple that was shocked and shot by a police officer's Taser and gun are going to court this week, charged with resisting arrest in a case that will test the limits of police use of force.
The incident in question happened in January 2008. Marcos and Cindy Zuniga had been asked to leave a restaurant in downtown San Jose, when there was an argument, and a police officer was summoned.
KCBS' Matt Bigler Reports:
What happened next is in dispute: police say Cindy Zuniga splashed water on the officer, prompting him to stun her with a Taser. Her husband lunged at the officer, who fired his pistol, striking him in the face. The couple argues they didn't throw anything at the officer, and the husband was justified in defending his wife.
Former San Jose prosecutor Steven Clark says this case will test the legal limits of police use of force."The result of this case, particularly if there is an acquittal of these individuals will likely affect whether prosecutors bring these cases where significant force is used to make arrests for relatively minor offenses," said Clark.The couple has been charged with resisting arrest and other crimes.A recent report by the Mercury News found that San Jose Police charge more people with resisting arrest per capita than any other large city in California.
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